Marengo Cave Co. v. Ross
|Marengo Cave Co. v. Ross|
|Court||Supreme Court of Indiana|
|Date decided||November 5, 1937|
Marengo Cave was established in Indiana in 1880s. For the next 46 years, Marengo made improvements and charged admissions fees.John Ross purchased a plot of land next to the Marengo Cave. Next, it was determined that the subterranean parts of Marengo encroach on the Ross land.
Did Marengo Cave Company acquired title to the land through adverse possession?Can land possession be considered open, notorious, & exclusive if the title holder was unaware of that possession?
Adverse possession has to be evident to the title holder; adverse possession has to put the title holder on notice.Ross wins.